2014-05-29 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                   29 MAY 2014


    Easements
    54.55.        Unless otherwise agreed in writing by the relevant service provider, any public or
          third party infrastructure located on the subject site must be placed within an easement
          registered against the title of the property.
    55.56.       All easements must be designed in accordance with the planning scheme and
          granted at no cost to the Grantee. Where the Grantee is Council or a service authority,
          the easement documentation must be in accordance with the Grantee’s standard
          easement terms. Draft easement documentation must be submitted to Council for
          endorsement.
    56.57.       All works must be kept clear of any existing or proposed easements on the subject
          land, unless agreed otherwise in writing by the Grantee.
    Earthworks and Retaining Walls
    57.58.       All fill and associated batters must be undertaken in accordance with an
          Operational Works approval, and contained entirely within the subject site unless written
          permission from the respective landowner(s) is provided to Council. All earthworks must
          be undertaken in accordance with the provisions of Australian Standard AS3798:
          Guidelines on Earthworks for Commercial and Residential Developments.
    58.59.        All retaining walls must be designed and constructed in accordance with the
          planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
          retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with
          a commercial grade safety fence.
    Acid Sulfate Soils
    59.60.        All works must be carried out in accordance with an Acid Sulfate Soil and
          Groundwater Management Plan for the development prepared by a qualified person and
          referenced in a Development Permit for Operational Works. In this regard appropriate
          testing and supporting documentation prepared by a suitably qualified specialist must be
          submitted to Council for approval prior to obtaining a Development Permit for Operational
          Works.
    Damage to Services and Assets
    60.61.      Any damage caused to existing services and assets as a result of the
          development works must be repaired at no cost to the asset owner at the following times:
          (a)   where the damage would cause a hazard to pedestrian or vehicle safety,
                immediately; or
          (b) where otherwise, upon completion of the works associated with the development.
          Any repair work which proposes to alter the alignment or level of existing services and
          assets must first be referred to the relevant service authority for approval; and

    B.    Find the following are sufficient grounds to justify the decision despite the conflict with the
                Planning Scheme:
          1.    The proposal provides for a supermarket which will satisfy the top-up and
                convenience shopping needs of residents and visitors of the locality, and is not
                otherwise able to be accommodated within the existing Neighbourhood Centre.
          2.    The development is located directly opposite the Peregian Beach village and is
                likely to complement and contribute to the village as the focal point for the
                community.
          3.    The site has a current development approval which includes a significant retail
                commercial component and is located between 2 existing commercial uses.




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